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Illegal immigrant is married to a U.S. citizen, he wants a divorce but his wife doesn't, what is the best thing to do?

Salinas, CA |

She has threatened him that if she finds out he has intentions of meeting someone else she will call the cops and say he has abused her, just so they can take him in?

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Attorney answers 4


Sounds like SHE is abusing him - at least psychologically. Have him meet with an attorney to review his immigration options

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


As a man he is in a tough situation.. A VAWA petition will not be approved for him. He should meet with a competent immigration attorney in his area to discuss all options that might be available to him in this situation.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


Meet with an immigration attorney for a private evaluation.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


Regarding his immigration options, just because he is a man does not mean that he does not have options in a case stemming from an abusive marriage. Despite its name, "VAWA" is gender-neutral, so if there is enough evidence of abuse (emotional, physical, or other), he may be able to pursue a VAWA claim. He may also have other options, but without further details it would be difficult to offer information about them. I would suggest that he speak with an immigration attorney regarding his options, but he may also want to speak with a family law attorney to make sure his interests are protected in that area as well.

Carl Michael Shusterman

Carl Michael Shusterman


Good answer!

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